Porno, Inc. v. Municipal Court

This is an appeal from a judgment of the superior court requiring the municipal court to order the return of some motion picture projectors which had been seized pursuant to search warrants issued by that court. The case is here on a clerk’s transcript only. The material facts are simple.

During March and April 1972, Los Angeles police officers sought warrants authorizing search of two theatres operated by plaintiff. The affidavits of the officers described various films which were being exhibited in those theatres which were alleged to be obscene within the meaning of Penal Code section 311.2. A judge of the municipal court issued several warrants which directed the officers to seize both the films and the projectors in those theatres. Acting under the color of those warrants, officers seized films and a projector on four separate occasions. Motions for the return of the projectors were heard and denied by the judge who had issued the warrants.

Plaintiff then petitioned the superior court for a writ of mandate to compel the return of its projectors. The case was tried and a judgment entered in favor of plaintiff, from which an appeal was taken by the county counsel, on…